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2002 Supreme(AP) 1276
Andhra Pradesh High Court
Judges : T.MEENA KUMARI
Rev.Dr.G.J.Joseph, Pastor for Little Lamb Church - Appellant
Versus
T.S.Babu Rao, President of Little Lamb Church and Correspondent of Mamata Institute.Hyderabad - Respondent
Decided On : 11-08-02
Headnote:
Contempt of courts Act, 1971 - Suit premises not as a trespasser - Documents filed by the respondents themselves suggest - Petitioner herein filed of Principal junior Civil Judge Hyderabad East and north for grant of permanent injunction restraining respondents herein defendants in suit and their followers from interfering with his possession and enjoyment of plaint schedule property situated at Little Lamb church house situated within Little Lamb Church including office room watchman house bore well lavatory and baptism tank - Petitioner herein also filed of for grant of interim injunction restraining respondents from interfering with his peaceful possession over petition schedule property pending disposal of suit – Held, Apex Court in latest judgment in case of Additional Munsifand Judicial Magistrate has held as follows introduction of Contempt of courts Act, 1971 in statue book has been for purposes of securing a feeling of confidence of people in general for due and proper administration of justice in country - Undoubtedly a very powerful weapon rests in hands of Law Courts through statute and it is also true that law Courts must exercise same with due care and caution and for larger interest - Contemptuous conduct and obstruction to majesty of law is basic reasoning for which law makers thought it prudent to engraft in statute book this particular legislation – Order accordingly
( 1 ) THE present contempt case has been filed alleging that the respondents herein have wilfully and deliberately violated the orders of this Court dated 22-3-2002 passed in CMP no. 5810 of 2002 in CRP No. 1223 of 2002.
( 2 ) THE brief facts, which are necessary for disposal of the contempt case, are as follows.
( 3 ) THE petitioner herein filed O. S. No. 1472 of 2001 on the file of the Principal junior Civil Judge, Hyderabad East and north, Ranga Reddy district for grant of permanent injunction restraining the respondents herein/defendants in the suit and their followers from interfering with his possession and enjoyment of the plaint schedule property situated at Little Lamb church of Vanasthalipuram i. e. , house situated within the Little Lamb Church including the office room, watchman house, bore well, lavatory and baptism tank. The petitioner herein also filed I. A. No. 8471 of 2001 in OS No. 1472 of 2001 for grant of ad interim injunction restraining the respondents from interfering with his peaceful possession over the petition schedule property pending disposal of the suit.
( 4 ) THE trial court also after hearing both sides and on perusing the entire record has come to the conclusion that the petitioner having been appointed as a pastor, the petitioner would have established his family in the suit premises The trial court also observed that the documents filed by the respondents themselves suggest that the petitioner is in occupation of a house within the suit premises and he came into possession of the suit premises not as a trespasser, but by virtue of the permission given by the Committee of the Church. While observing that the balance of convenience lies in favour of the petitioner herein, the trial Court disposed of the LA. on 21-12-2001 with the following directions: " (1) The petitioner can continue his possession and occupation in the house within the suit premises in which he is staying now including the office room, watchman house, bore-well, lavatory and baptism tank. (2) He can perform the duties as a pastor (3) He shall not interfere in the administrative activities of the church Committee and shall not dictate any terms to the Committee. (4) He shall not interfere in the financial aspects of the Church (5) No order as to costs. "
( 5 ) QUESTIONING the said order of the learned Principal Junior Civil Judge, hyderabad East and North, Ranga Reddy district, the respondents herein filed CMA no. 16 of 2002 before the II Additional district Judge, Ranga Reddy District. The learned II Additional District Judge by an order dated 14-3-2002 has allowed the CMA by setting aside the order in LA. dated 21-12-2001. Questioning the said order, the petitioner herein filed CRP No. 1223 of 2002 before this Court. In the said CRP, the petitioner filed CMP No. 5810 of 2002 seeking suspension of the operation of the order of the learned II Additional District judge, Ranga Reddy District pending disposal of the CRP. This Court after hearing the learned counsel for the petitioner mr. C. Ramachandra Raju and the learned counsel for the respondents Mr. J. C. Francis, who appeared for the respondents by way of caveat, while admitting the CRP on 22-3-2002 has passed the following order in cmp No. 5810 of 2002. "there shall be an interim suspension of the operation of the order dated 14-3-2002 in CMA No. 16 of 2002 on the file of the Court of the II Additional district Judge, Ranga Reddy District. However, the petitioner shall not perform the duties as a Pastor of Little lamb Chruch of Vanasthalipuram, as directed by the Prl. Junior Civil Judge, hyderabad East and North, R. R. District in I. A. No. 8471 of 2001 in O. S. No. 1472 of 2001 dated 21-12-2001 in direction No. 2 of his order until further orders. "at the request of the learned counsel for the petitioner herein, the said order was allowed to be communicated by wire.
( 6 ) IN the contempt case, the main contention of the learned counsel for the petitioner
